Finding Solutions, Fighting Battles
Oakland County Child Support Lawyer
Child support in Oakland County is calculated using the Michigan Child Support Formula. This formula is a guideline based on income, the number of overnights, and costs associated with health care and child care.
The Oakland County child support lawyers at Richards Family Law begin with a free 30-minute consultation to help determine your next steps.
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- 7563 Sweetbriar W. Bloomfield, MI 48324
- (248) 325-8613
- Mon - Sat: 8:00 am - 6:00 pm
How the Michigan Child Support Formula Works
The Michigan Child Support Formula is a complex calculation. It accounts for various factors on both sides, including:
- Each parent’s gross income
- Adjustments for taxes, other child support orders, and deductions
- Number of overnights with each parent
- Health insurance premiums
- Child care costs
In general, more overnight parent time means a lower child support obligation. However, that’s not the case in all situations. Contact an Oakland County child support lawyer for more information on where you stand.
The result of this calculation is a presumptive amount. It’s a number the judge is required to order unless someone proves that it’s unfair, unreasonable, or inappropriate given the circumstances. Our team can review the inputs for inaccuracies to ensure the calculation reflects the reality of your situation.
What Counts as Income
Wages and salaries are the most evident form of income. However, bonuses, overtime, commissions, self-employment earnings, rental income, lottery winnings, and retirement distributions can also count.
Some parents may remain voluntarily unemployed or work below their earning capacity, so the judge can impute income based on what that parent could reasonably be earning. This can cause conflict, arrears, and other problems, depending on which side you’re on. That’s why we build or challenge an imputed income argument for our clients.
Deviations and Exceptions
Deviations from the Michigan Child Support Formula are the exception, not the rule. For example, a judge can deviate if a child has documented special needs that increase child care costs beyond what the formula accounts for. Another example is if one parent’s income is unusually high or irregular. In either case, the judge will rule based on what’s in the best interest of the child.
Deviations must be put on the court record and justified with specific findings. An Oakland County judge can’t deviate with discretion alone. That means you must provide sound documentation if you believe your case calls for an alternative solution other than the standard.
Modifying Child Support
No child support order is permanent. If a parent loses a job, gets a substantial raise, or changes parenting time overnight, the other parent can ask the court to modify an existing order. However, the change has to be significant, not a temporary alteration in how things are usually done.
Requesting modification requires a structured legal approach. Parents must file a motion with the court or ask the Friend of the Court to review the order. Then, the judge can recalculate support using current information to determine if changes are warranted.
How to Enforce Child Support in Oakland County
Many Oakland County child support payments are made through income withholding, which means the payments are deducted from a paycheck rather than through the Michigan State Disbursement Unit (MISDU).
When a parent stops paying, and withholding isn’t already established, some parents pursue a show-cause hearing through the Friend of the Court in Oakland County. This step is to determine whether the nonpaying parent is in contempt of court and whether enforcement action is required.
Child Support Arrears: What to Expect
Parents who don’t pay child support in Michigan can build up child support arrears that have significant consequences beyond financial debt:
- Driver’s license suspension
- Denied passports
- Intercepted tax refunds
- Property liens
Many of these consequences catch parents off guard. But an Oakland County child support lawyer can represent either side – to collect what’s owed or defend against contempt claims if there’s a legitimate reason for missed payments. Contact Richards Family Law today to schedule a consultation.
Why Richards Family Law
Child support disputes can get personal quickly, especially when income is disputed or when a parent feels like the amount is unreasonable. Meanwhile, these cases and the calculations driving them can be legally complex and time-consuming. Our team provides a clear explanation of child support calculations and the laws governing payments.
We’re prepared to argue on your behalf for an accurate and equitable result. When negotiation alone fails, our Oakland County child support lawyers are there.
Richards Family Law brings decades of experience representing Michigan families in court and legal conflict. Don’t face these obstacles alone. Book your consultation today to measure your steps and develop a case that reflects your family’s reality.
